STURGEON BAY - The Department of Natural Resources has resolved the location of the ordinary high water mark along the embattled vacant land on Sturgeon Bay's west side waterfront — following the meander line plotted in 1835 by surveyors.

The department released its ruling on the ordinary high water mark Thursday afternoon.

Slightly more than half of the land, known as parcel 92, is waterward of the line and is protected by the state's Public Trust Doctrine. The doctrine protects all navigable waters and holds them in trust for public use.

Parcel 92 was included in a lawsuit the Friends of the Sturgeon Bay Public Waterfront filed against the city to prevent the sale of land they claimed was created from lake bed that was artificially filled and is protected under the state's Public Trust Doctrine.

The placement of the line is critical to development of the blighted property, which the city purchased years ago for redevelopment.

“This is a victory for Sturgeon Bay, for Wisconsin and defenders of the Constitution everywhere," said Shawn Fairchild of the Friends organization, who is also a mayoral candidate. “Public rights matter."

The DNR's ruling on the line essentially mirrors the negotiated agreement the city and the Friends have worked to develop, said City Administrator Josh VanLieshout.

"The next step is to go back to the circuit court judge who ruled in the case (Raymond Huber) and get a judgment entered," VanLieshout said.

Huber placed an injunction on development of the property when he ruled in the Friends lawsuit that an ordinary high water mark needed to be set before any of the land could be sold or developed.

“We are glad that the delineation will offer both an outstanding waterfront parcel for public space surrounding the former granary location and ample lands available for commercial development," Fairchild said.

The city approved in September a 10-member Ad Hoc West Waterfront Steering Committee to develop a new plan for the land and parcel 100, which is adjacent to the property. The committee will seek public feedback and input to develop a plan.

The committee, whose members represent a wide variety of community interests, replaces the city's Waterfront Redevelopment Authority, which had created the plan for the site that included a hotel, brew pub or restaurant and pier. The plan was disputed by the Friends and the group filed a lawsuit to prevent the development.

The determination of the ordinary high water mark will allow the committee to prepare a comprehensive plan to recommend to the City Council by late spring, said Alderwoman Laurel Hauser, co-chairwoman of the committee.

"This is good news because, as we see in other communities in Door County, public waterfront is a really sound economic investment," she said.

Redevelopment of the site needs to include private development in collaboration with public infrastructure and amenities, Hauser said.